Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-08-04
the Lee lot and stated that they bore no
marks Of dlscoloration and could not have
been in that place since Nav 9th.

CpTned IN the Ca,e, he continued: There Is
no dispute in the case, there is no question
about the degree of this murder. 1t is
murder in the first degree and deserves the
| highest retrbutiOn that the law can in
! iliCt Now, the facts in this case are but
| four; the presence of the prisoner in the
| house; the presence of the murdered wo-
men in the house: the time of the murder
| between two and three o'clock. There is
not one word of evidence that there were
three men to rent that lot except that
/ given by Baker himself Sam RalstOn IL
no evidence OF anything in Gods world eX-
. Cept that God made him i'll the form of Il
man, and therefore let him pass as such.
| There Is absolutely no proof that there
were three men there who made contract
I to rent the lot after dinner. Their whole
argument then, that three men were there,
is based then upon
THE PRISONERS TESTIMONY.
| He said To himself, there were three men
who made contract with me TO rent the
I stable, Gardiner aud RalStOn saw them
| Now | will say three other men were
| there between two and three o'clock be
cause that WIS the time OF the murder
! That is his story. So he tells his tale,
but he does not get ii straight. lie
rings several changes on it, but finally
settles down Oh this fabrication.
Brother DOnChoc said you were not TO
be governed by your common sense but
| by the law of the case. Does the law
take away your sense? The amount OF
| evidence that is satisfactory is what is
] j. . Il.
science of any ordinary man about an or
dnary matter When We have this degree
Ul evidence, il is unreasonable Ia require
more. What would convince you ~ a
private man must convince you here
in the box. Your oath does not
affect your common sense That is exactly
what you must be guided by. The doubt
to work an acquittal must be serious or
substantial, and not the mere possibility
OF a doubt 4 doubt caused by undue
scnSbility or tenderness of heart il not a
reasonable doubt. You are not 10 build
up any iaucilu theory to acquit this pris-
oncr You must be satisfied that the three
men they seek to inculDatc were there.
You are not al liberty TO disbclicvc aS
! Jurors where YOU believe as men. The ad-
mlnistcring of the oath does not affect the
weight of testimony. We can imagine a
possible state OF affairs for every event of
life, but what il probable is what We want
! That Is what you must consider.
! The speaker entered into an elaborate
| discussion OF cirCumStautial evidence
! quoting from various authorities 10 show
that, ~ a rule, Is much reliance could he
placed in il as in direct evidence.
In cases of ClTcumSiantial evidence
motive is always admissible. Whoever
this murderer was. he had a motive. Who
was the enemy of Mrs Baker aud her
mother? Where, amongall her neighbOrs,
was one who would
RAISE ~ ARM AGAINST THEN?
IT the motive was burglary, where are the
effects of tie burglary? lfit was robbery,
what was taken? Baker says he lost
three hundred aud fifty dollars. Great
God gentlemen was that the motive?
| Was the motive OF some stranger to come
there aud murder the women and rtnsack
the house, taking Bakers money and let
trrs and leave the watchc. and rings and
iewclry and all the other valuablcs uu'
! touched? Do you suppose the murderer
| Slll, tllt 100 ubIiltlllt u luNl'l'ltl W.
! steal lady's watch,' Aye, there was a
motive; it was not malice, or revenge; II
WAS not plunder; it was aylrlcc. Baker
says he lost three hundred and iiity dol
! lars. but hr never did. His story has been
cuntradicted by ten witnesses and by one
witness furty-onr times, and can you place
any crcdcnce in it? And if you don't be
lisye what he saya, what did they take:
Was there motive? We have found Mr..
and Mrs. McWha's wills; they leave their
money to Mrs. Baker. But Mrs Baker
maGe will: she left only one Thousand
dollars to Baker and the balance 10 her
nephew Baker knew Oi the will. Wit
nesScs testified OF the feeling between Baker
and his wife. We have the letters intro
duccd 10 show relations existing. They
are full of hope tor Mr. Baker but they do
not show much confidence m him. The
wills were IN the house. But II Mrs Ia.
ker died without will Baker would get
the personal property, bonds, stocks and
all. That was the law and Baker knew II.
Now mark the tale IT Mrs Baker died
without a will Baker would get the prop
eriy, but it would not do any good I" get
rid of the will, he must dispose o! the
maker He thought ! will kill Mrs Ne
Whl and my wife will inherit her money; !
| will Kill my wife and destroy her will |
and / will get it all.
THERE CAN BE 10 RULE IL All CASES |
for the ~uilicicnry of motive. II must de |
pend upon the moral character OF each in |
dividual. SO, then, upon the question 0f
motive, what is there to overthrow ~ II |
was not malice nor plunder; it was because |
he knew that between him and the ENJOY
ment of this fortune stood two delicate |
lives, and they were but autumn leaves /.
upon the wind You tell ~" this wi- not /
deliberate. You tell me that 1t wa~ not
PLANNED. All, Th,y wei, mI.rr-. They |
have made their wills, and !, Van Burrn ,
Baker, Am only tp -rl one thousand d"i- /
lars out ui IT, That wJS Ia, uotlN"
DmiG McCIouds testimony gives th" !
lie dlrrr, 81 h,m loIty-onc tIrac>, and |
when Baker Is asked about II hr can I |
remember. lie stated tu McCloId and |
Gubcr that he was III the sitting room |
when the bell Ul the house rang CrlSslnger |
testified likewise. Now all oi their state |
ments ;lir direct contradictions Of the |
prisoner. Then the prisoner gives neon |
siStcut accounts oi himself Mrs Swear
mgcu testified that she opened tle door,
and said, Eliza, it is me- But Mrs:
McWha never said anything pf that kind |
according To Bakers story.
Now, gentlemen, have nothing more
To say except this 1t this man Is innocent.
if the cas-" does not establish his guilt he /
yond q reasonable doubt, ac4uit hIm. Bat |
on the other hand, the burden Of a just |
decision is with you We ask you simply |
that the law. who 50 shcdd"th mans /
blood. hv mau ,halI his blood be shed ' !
be, enforced We have shown you the /.
time. the circumstances, the motive. that /
fix the crime upon this man, and now it
is your duty to lind verdict III accordance !
with them.
Mr.. BRADporK FOR The Defense
After a iittcen-minute recess, Mr. Brad |
dock. for the defense began by discussing /,
the importance of the issues involved and |
the awful responsibilities that rested upon |
the Jury. The life OF the prisoner
was in their hands. When they
left the box 10 consider this case they did |
II with minds frriuhfpd with the re- pOnsI- !